Body: Council Type: By-law Meeting: Regular Date: 2017 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2017 By-laws/By-law 2017-30 - Extension Agreement.pdf)
Document Text
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2017-30 A BY-LAW to authorize an extension agreement with Carol Ann Shaw pursuant to Section 378 of the Municipal Act, 2001.
WHEREAS a Tax Arrears Certificate was registered on May 29, 2017 as Instrument NO. FC240263
against lands described as PT LOT 4 CON 3 BEDFORD PT 1 13R5906; T/W FR516608, in the township of South Frontenac, County of Frontenac; (the “Property”).
AND WHEREAS Richard Russell Shaw, Estate of Richard Russell Shaw and Carol Ann Shaw are the
registered owners of the Property;
AND WHEREAS Carol Ann Shaw have expressed the desire to enter into an agreement with the Corporation of the Township of South Frontenac in connection with the repayment of tax arrears and all related costs for the Property prior to the sale of the Property by way of public tender;
AND WHEREAS Section 378 of the Municipal Act, 2001, permits the municipality to pass a by-law authorizing an extension agreement with the owners of land against which a Tax Arrears Certificate has
been registered, in order to extend the allowable time for the repayment of the cancellation price; AND WHEREAS Council has determined that it is in the best interest of the municipality to enter into an extension agreement in connection with the tax arrears and related costs for the Property. NOW THEREFORE BE IT ENACTED AS FOLLOWS:
The municipality is hereby authorized to enter into the Extension Agreement dated June 6, 2017,
with Carol Ann Shawin theform ofAgreementattachedas Schedule 1 to this by-lawandforming a part hereof.
That Mayorand Clerk are herebyauthorizedto executethe ExtensionAgreementon behalfofthe municipality under corporate seal and to deliver it to the parties.
This By-law shall come into force and take effect on the date it is passed.
READ and FINALLY PASSED this 6
day of June . 2017.
NISTRATOR- Wayne Orr
SCHEDULE “1”
EXTENSIONAGREEMENT THISAGREEMENT made this
6
day of June . 2017.
BETWEEN: Carol Ann Shaw
(Hereinafter called the “Owners”) OF THE FIRST PART; and -
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
(Hereinafter called the “Township”) OFTHE SECOND PART
WHEREAS the Owners are the registered owners ofthose lands located in the Township ofSouth
Frontenac and more particularly described in Schedule “A"to thisagreement (the “Owners’ lands’); AND WHEREASas a result of tax arrears owing in respect of the Owner’s Lands as at December 31.
2016, theTownship registered a TaxArrears Certificate againstthe title to the Owners’ Landson May29, 2017 as Instrument No. FC240263 in accordance with the provisions of the Municipal Act, 2001, S. O. 2001,c.25,s. 373(1) (the “TaxArrearsCertificate”);
ANDWHEREASat the request ofthe Owners,the Township has agreedto extendthe period oftime in which the cancellation price is to be paid in accordance with the terms of this agreement and the Municipal Act, 2001;
NOWTHEREFOREWITNESSETHthat inconsideration ofthe mutual covenants andagreements contained herein, the parties agree each with the other as follows:
- Theperiodoftime inwhichthecancellation priceisto bepaidisextendedtoJuly3, 2019,onthe condition that the Owners pay to the Township on account thereof:
(a) An initiallumpsum paymentof$7,773.87to be paidbycertifiedfundson June6. 2017.
(b) The sum of $190. 00 paid on a monthly basis via pre-approved payment plan with the first payment being made on Monday July 3, 2017.
(c) The balance of the cancellation price and outstanding penalty fees via cheque by July 3, 2019.
- Thecancellationpriceshall becalculated inaccordancewiththeMunicipalAct,2001,butwithout limiting itsgenerality, shall include all taxarrears andall current real property taxes owing in respect to the Owners’ Lands to the date ofpayment, all interest and penalties thereon, and all
costsincurredbytheTownshipinconnectionwithproceedingstakenorcontemplated underthe Act, includingall legalfeesanddisbursements andall costs incurred in connectionwiththe preparation of the extension agreement.
- Ifthe Owners fail or refuse to make a payment to the Township in accordance with the terms of
thisagreement, theTownshipmay,onseven(7)dayswrittennoticetotheOwners,terminatethis agreement afterwhichit shall cease to beconsidered a subsisting agreement.
4. If the Owners fail or refuse to pay any current real property taxes owing in respect of the Owners' Lands on or before the due date for such taxes, the Township may, on seven (7) days written notice to the Owners, terminate this agreement after which it shall cease to be considered a subsisting agreement.
-
If the Township terminates this agreement before payment of the cancellation price, it shall be entitled to continue with proceedings under the Act, but the period during which this agreement is subsisting shall not be counted in calculating the time periods prescribed by the Act.
-
Upon paymentofthe cancellationpricein accordancewiththis agreement, the Townshipshall cause its Treasurer to forthwith register a Tax Arrears Cancellation Certificate in the prescribed form, and this agreement shall be at an end.
7
Nothing in this agreement shall be construed or deemed to mean that the amount of the
cancellation price to be paid in accordance with the Act is reduced or that any person is prohibited from paying the cancellation price in full at any time. 8.
Time shall be of the essence.
- Noamendmentto this agreementshall be permitted, exceptbythewritten mutual consentofthe Owners and the Township, and anyamendments shall be in writing.
- This agreement shall ensure to the benefit of the Owners, their respective heirs, administrators, successors and assigns, and the Township, its successors and assigns.
INWITNESSWHEREOFthe parties havehereuntosettheirhandsandsealsthis6 dayofJune2017. Signed, Sealed and Delivered in the presence of:
THE COR! ‘ION Of The Township; Pf Soi^th Frontenac
Carol Ann Shaw
